New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A3735

Introduced
2/22/24  
Refer
2/22/24  
Refer
10/17/24  

Caption

Establishes crime of fertility fraud.

Impact

The enactment of A3735 would amend existing New Jersey statutes by explicitly criminalizing actions that could undermine trust in reproductive health practices. Specifically, any health care provider found guilty of fertility fraud would face significant legal repercussions, which would involve penalties such as a prison term of three to five years and a fine up to $15,000. Furthermore, the vehicle of punishment includes the permanent revocation of the practitioner’s medical license, reinforcing the serious nature of the violation and its potential impact on patient welfare.

Summary

Assembly Bill A3735, introduced in the New Jersey legislature, establishes the crime of fertility fraud specifically aimed at health care practitioners performing assisted reproduction. The bill asserts that a person commits fertility fraud if they knowingly utilize their own human reproductive material or that of another person to achieve pregnancy through assisted reproduction processes, and do so without obtaining the written informed consent of the patient. This legislative effort seeks to address the ethical and legal implications of consent in reproductive health services, ensuring patients are fully aware of the methods and materials involved in their treatments.

Contention

Discussions around A3735 may stir notable points of contention, particularly concerning the definitions and interpretations of informed consent in the context of assisted reproduction. While the intent behind the bill is to protect patients and ensure ethical standards in reproductive health, there may be debates among medical practitioners, ethicists, and lawmakers regarding the implications of such a law. Issues could arise surrounding patient autonomy, medical privacy, and the potential consequences for legitimate medical practices, highlighting the fine balance between legal regulations and medical ethics.

Companion Bills

NJ S3328

Same As Establishes crime of fertility fraud.

NJ A3867

Carry Over Establishes crime of fertility fraud.

Similar Bills

NJ S3663

Establishes reproductive health travel advisory.

NJ A4915

Establishes reproductive health travel advisory.

NJ S3328

Establishes crime of fertility fraud.

CA SB36

Out-of-state criminal charges: prosecution related to abortion, contraception, reproductive care, and gender-affirming care.

NJ AR122

Condemns Alabama Supreme Court ruling in LePage v. Mobile Infirmary Clinic, P.C. and pending federal legislation, H.R.431; reaffirms freedom of access and protection of reproductive health care services in New Jersey, including IVF.

CA AB2223

Reproductive health.

SC H3507

Constitutional Amendment

NJ A1688

Permits suit for abusive litigation for interference with legally protected health care activity or reproductive health care services under certain circumstances.